Johnson City City Zoning Code
Division 2
Zoning Authority
§ 14.02.031 Authorized.
A Planning and Zoning Commission, "P&Z," is established in accordance with Texas Local Government Code, chapter 211, as amended.
§ 14.02.032 Powers and duties.
(a)
Advisory body.
The P&Z shall serve as an advisory body to the City Council for zoning amendments and applications. The P&Z shall have all the rights, powers, privileges, and authority authorized and granted by the City Council, this article, and Texas Local Government Code, chapter 211 and 212, as amended.
(b)
Authority.
The P&Z is authorized to:
(1)
Issue recommendations regarding amendments to the Comprehensive Plan, zoning changes, zoning ordinance amendments, and zoning for newly annexed areas;
(2)
Issue recommendations regarding subdivision plat regulation and approval submitted to it for review;
(3)
Serve as the Historic Review Board, and perform the duties and functions contained in the Historic Preservation section of this article; and
(4)
Other related planning matters delegated to the P&Z by the City Council.
§ 14.02.033 Composition; governance.
(a)
Number.
Subject to residency requirements in subsection (b) below, the P&Z shall consist of seven (7) members. Each shall be appointed by a simple majority vote of the City Council for a term of two years. Each may be removed from office by the City Council at any time by a simple majority vote of the City Council. P&Z members shall serve on a voluntary basis.
(b)
Residency requirement.
A minimum of four (4) commissioners shall be residents of the City of Johnson City. Three (3) commissioners may be both residents of Blanco County and City of Johnson City business owners.
(c)
Terms; absences.
Expiration of terms shall be staggered. Members may be reappointed. Term limits do not apply to the P&Z. A P&Z position is automatically considered vacant if the member is absent for three consecutive, regular meetings, or four regular meetings (cumulative) during the preceding 12-month period. Absences may be excused by the P&Z Chairperson.
(d)
Governance; officers.
The P&Z shall have the power to make rules, regulations, and bylaws for its own governance, subject to approval by the City Council. The P&Z shall appoint a Chairperson, a Vice-chairperson, and a Secretary from among the Commission for a one-year term. The Chairperson must be a resident of the City of Johnson City. Appointments shall be made annually at the first P&Z meeting after June 1.
(e)
Meetings; conduct.
(1)
Meetings shall be held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551.
(2)
The City Council and the P&Z are authorized to conduct a joint public meeting and/or hearing in a matter pertaining to planning, zoning, or subdividing property, where required or authorized by State law.
(3)
A motion shall carry with a simple majority vote. Each P&Z member, including the Chairperson, is entitled to one vote upon any question, except where abstention is required for conflict of interest per State law.
§ 14.02.061 Creation; authority.
There is hereby created a Zoning Board of Adjustment, "ZBOA." The City Council is granted the authority to act as the ZBOA.
§ 14.02.062 Powers and duties.
(a)
Authority.
The ZBOA shall have the authority to:
(1)
Administrative appeals.
Hear and decide an appeal that alleges an error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this article;
(2)
Variances.
Authorize, in specific cases, a variance from the terms of this article if the variance is not contrary to the public interest, and, due to special conditions, a literal enforcement of the Ordinance would result in unnecessary hardship, and so that the spirit of this article is observed and substantial justice is done;
(3)
Nonconforming uses.
Hear and decide a request for a change to a nonconforming use; and
(4)
Special exceptions.
Grant a Special Exception where authorized under this article.
(b)
Appeals.
(1)
An appeal of an administrative decision must be filed within 10 business days after the decision has been rendered and shall be processed in accordance with Texas Local Government Code section 211.010, as amended. An appeal shall be heard within 60 calendar days of receipt of the notice of appeal. A request shall be automatically approved if no formal action is taken. The ZBOA may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken.
§ 14.02.063 Composition; governance.
(a)
Officers.
The ZBOA shall appoint a Chairperson, Vice-chairperson, and Secretary for one-year terms starting each June.
(b)
Meetings; conduct.
(1)
Meetings shall be held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551.
(2)
ZBOA and City Council meetings shall not be held concurrently. While ZBOA meetings or hearings may be held on the same day as City Council meetings, ZBOA meetings or hearings shall be clearly identified separately.
(3)
The board by majority vote shall adopt rules consistent with Chapter and those rules shall be approved by City Council.
